Tuesday, March 01, 2005

Award of $350,000 in fees to would-be kicker in Title IX case against Duke affirmed

In Mercer v. Duke University, the Fourth Circuit in an opinion by Judge Traxler, joined by Judges Luttig and King, affirmed the award of substantial attorneys' fees in the case of the placekicker who was discriminated against on account of being a woman, even though she only got nominal damages, as her award of punitive damages was wiped out when the Supreme Court determined that punitive damages are not available under Title IX.